Building Safety Act 2022

Section 43

Schedule 4 E+W Transfer of approved inspectors’ functions to registered building control approvers

1 E+W The Building Act 1984 is amended as follows.

Commencement Information

I1 Sch. 4 para. 1 not in force at Royal Assent, see s. 170(4)(b)(v)(c)

I2 Sch. 4 para. 1 in force at 6.4.2024 except in relation to W. by S.I. 2024/104, reg. 2(b) (with reg. 3)

I3 Sch. 4 para. 1 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(x) (with regs. 3, 4, 8-12)

2 E+W In section 42(1) (appeals) for “approved inspector” substitute “registered building control approver”.

Commencement Information

I4 Sch. 4 para. 2 not in force at Royal Assent, see s. 170(4)(b)(v)(c)

I5 Sch. 4 para. 2 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(x) (with regs. 3, 4, 6, 8-12)

I6 Sch. 4 para. 2 in force at 6.4.2024 except in relation to W. by S.I. 2024/104, reg. 2(b) (with reg. 3)

3 E+W In the heading before section 47, for “approved inspectors” substitute “registered building control approvers”.

Commencement Information

I7 Sch. 4 para. 3 not in force at Royal Assent, see s. 170(4)(b)(v)(c)

I8 Sch. 4 para. 3 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(x) (with regs. 3, 4, 6, 8-12)

I9 Sch. 4 para. 3 in force at 6.4.2024 except in relation to W. by S.I. 2024/104, reg. 2(b) (with reg. 3)

4 (1) Section 47 (giving and acceptance of initial notice) is amended as follows. E+W

(2) In subsection (1)—

(a) in paragraph (a) for “an approved inspector” substitute “a registered building control approver”;

(b) in the words after paragraph (d) for “approved inspector” substitute “registered building control approver”.

(3) In subsection (5)(b)—

(a) for “approved inspector” substitute “registered building control approver”;

(b) for “his” substitute “their”.

Commencement Information

I10 Sch. 4 para. 4 not in force at Royal Assent, see s. 170(4)(b)(v)(c)

I11 Sch. 4 para. 4 in force at 6.4.2024 except in relation to W. by S.I. 2024/104, reg. 2(b) (with reg. 3)

I12 Sch. 4 para. 4 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(x) (with regs. 3, 4, 6, 8-12)

5 E+W Omit section 49 (approved inspectors).

Commencement Information

I13 Sch. 4 para. 5 not in force at Royal Assent, see s. 170(4)(b)(v)(c)

I14 Sch. 4 para. 5 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(x) (with regs. 3, 4, 8-13)

I15 Sch. 4 para. 5 in force at 6.4.2024 except in relation to W. by S.I. 2024/104, reg. 2(b) (with regs. 3, 4)

6 E+W In section 50(7) (plans certificates) for “approved inspector”, in both places it occurs, substitute “registered building control approver”.

Commencement Information

I16 Sch. 4 para. 6 not in force at Royal Assent, see s. 170(4)(b)(v)(c)

I17 Sch. 4 para. 6 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(x) (with regs. 3, 4, 6, 8-12)

I18 Sch. 4 para. 6 in force at 6.4.2024 except in relation to W. by S.I. 2024/104, reg. 2(b) (with reg. 3)

7 E+W In section 51(1) (final certificates)—

(a) for “an approved inspector” substitute “a registered building control approver”;

(b) for “him” substitute “them”;

(c) for “he” substitute “they”;

(d) for “his” substitute “their”.

Commencement Information

I19 Sch. 4 para. 7 not in force at Royal Assent, see s. 170(4)(b)(v)(c)

I20 Sch. 4 para. 7 in force at 6.4.2024 except in relation to W. by S.I. 2024/104, reg. 2(b) (with reg. 3)

I21 Sch. 4 para. 7 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(x) (with regs. 3, 4, 6, 8-12)

8 E+W In section 51A(2)(a)(ii) (variation of work) for “approved inspector” substitute “registered building control approver”.

Commencement Information

I22 Sch. 4 para. 8 not in force at Royal Assent, see s. 170(4)(b)(v)(c)

I23 Sch. 4 para. 8 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(x) (with regs. 3, 4, 6, 8-12)

I24 Sch. 4 para. 8 in force at 6.4.2024 except in relation to W. by S.I. 2024/104, reg. 2(b) (with reg. 3)

9 E+W In section 51C(2)(a) (change of person carrying out work) for “approved inspector” substitute “registered building control approver”.

Commencement Information

I25 Sch. 4 para. 9 not in force at Royal Assent, see s. 170(4)(b)(v)(c)

I26 Sch. 4 para. 9 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(x) (with regs. 3, 4, 6, 8-12)

I27 Sch. 4 para. 9 in force at 6.4.2024 except in relation to W. by S.I. 2024/104, reg. 2(b) (with reg. 3)

10 (1) Section 52 (cancellation of initial notice) is amended as follows. E+W

(2) In subsection (1)—

(a) in paragraph (a)—

(i) for “approved inspector” substitute “registered building control approver”;

(ii) for “his” substitute “their”;

(b) in paragraph (b)—

(i) for “approved inspector” substitute “registered building control approver”;

(ii) for “he is” substitute “they are”;

(iii) for “his” substitute “their”;

(c) in paragraph (c) for “approved inspector” substitute “registered building control approver”.

(3) In subsection (2)(a) for “approved inspector” substitute “registered building control approver”.

Commencement Information

I28 Sch. 4 para. 10 not in force at Royal Assent, see s. 170(4)(b)(v)(c)

I29 Sch. 4 para. 10 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(x) (with regs. 3, 4, 6, 8-12)

I30 Sch. 4 para. 10 in force at 6.4.2024 except in relation to W. by S.I. 2024/104, reg. 2(b) (with reg. 3)

11 E+W In section 56(5) (powers to require information) for “approved inspector” substitute “registered building control approver”.

Commencement Information

I31 Sch. 4 para. 11 not in force at Royal Assent, see s. 170(4)(b)(v)(c)

I32 Sch. 4 para. 11 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(x) (with regs. 3, 4, 6, 8-12)

I33 Sch. 4 para. 11 in force at 6.4.2024 except in relation to W. by S.I. 2024/104, reg. 2(b) (with reg. 3)

12 E+W In section 57 (offences), for subsection (3) substitute—

“(3) Where a registered building control approver is convicted of an offence under this section, the court by or before which they are convicted must, within one month of the date of conviction, forward a certificate of the conviction to—

(a) the regulatory authority, or

(b) if the regulatory authority has delegated its functions in relation to the register of building control approvers to another person under section 58Y, that person.”

Commencement Information

I34 Sch. 4 para. 12 not in force at Royal Assent, see s. 170(4)(b)(v)(c)

I35 Sch. 4 para. 12 in force at 6.4.2024 except in relation to W. by S.I. 2024/104, reg. 2(b) (with reg. 3)

I36 Sch. 4 para. 12 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(x) (with regs. 3, 4, 6, 8-12)

13 E+W In section 58(3) (construction of Part 2)—

(a) for “an approved inspector” substitute “a registered building control approver”;

(b) for “him” substitute “them”.

Commencement Information

I37 Sch. 4 para. 13 not in force at Royal Assent, see s. 170(4)(b)(v)(c)

I38 Sch. 4 para. 13 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(x) (with regs. 3, 4, 6, 8-12)

I39 Sch. 4 para. 13 in force at 6.4.2024 except in relation to W. by S.I. 2024/104, reg. 2(b) (with reg. 3)

14 E+W In section 126 (general interpretation)—

(a) omit the definition of “approved inspector”;

(b) at the appropriate place insert—

• ““registered building control approver” has the meaning given by section 58N;”;

• “““registered building inspector” has the meaning given by section 58B;”;

• ““regulatory authority” has the meaning given by section 58A;”.

Commencement Information

I40 Sch. 4 para. 14 not in force at Royal Assent, see s. 170(4)(b)(v)(c)

I41 Sch. 4 para. 14 in force at 6.4.2024 except in relation to W. by S.I. 2024/104, reg. 2(b) (with reg. 3)

I42 Sch. 4 para. 14 in force at 6.4.2024 for W. by S.I. 2024/207, reg. 2(d)(x) (with regs. 3, 4, 8-12)